Alaska Statutes
Alaska Stat. § 11.31.120 (2026)
Conspiracy
✓ current as of July 2026
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Sec. 11.31.120. Conspiracy.
(a) An offender commits the crime of conspiracy if, with the intent to promote or facilitate a serious felony offense, the offender agrees with one or more persons to engage in or cause the performance of that activity and the offender or one of the persons does an overt act in furtherance of the conspiracy.
(b) If an offender commits the crime of conspiracy and knows that a person with whom the offender conspires to commit a serious felony offense has conspired or will conspire with another person or persons to commit the same serious felony offense, the offender is guilty of conspiring with that other person or persons to commit that crime whether or not the offender knows their identities.
(c) In a prosecution under this section, it is a defense that the defendant was merely present at the time that two or more other persons agreed to engage in or cause the performance of a serious felony offense.
(d) In a prosecution under this section, it is not a defense that a person with whom the defendant conspires could not be guilty of the crime that is the object of the conspiracy because of
(1) lack of criminal responsibility or other legal incapacity or exemption;
(2) belonging to a class of persons who by definition are legally incapable in an individual capacity of committing the crime that is the object of the conspiracy;
(3) unawareness of the criminal nature of the conduct in question or of the criminal purpose of the defendant; or
(4) any other factor precluding the culpable mental state required for the commission of the crime.
(e) If the offense that the conspiracy is intended to promote or facilitate is actually committed, a defendant may not be convicted of conspiring to commit that offense with another person for whose conduct the defendant is not legally accountable under AS 11.16.120(b).
(f) In a prosecution under this section, it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, either (1) gave timely warning to law enforcement authorities; or (2) otherwise made proper effort that prevented the commission of the crime that was the object of the conspiracy. Renunciation by one conspirator does not affect the liability of another conspirator who does not join in the renunciation.
(g) Notwithstanding AS 22.10.030, venue in actions in which the crime of conspiracy is alleged to have been committed may not be based solely on the location of overt acts done in furtherance of the conspiracy.
(h) In this section,
(1) “overt act in furtherance of the conspiracy” means an act of such character that it manifests a purpose on the part of the actor that the object of the conspiracy be completed;
(2) “serious felony offense” means an offense
(A) against the person under AS 11.41, punishable as an unclassified or class A felony;
(B) involving controlled substances under AS 11.71, punishable as an unclassified, class A, or class B felony;
(C) that is criminal mischief in the first degree under AS 11.46.475;
(D) that is terroristic threatening in the first degree under AS 11.56.807;
(E) that is human trafficking in the first degree under AS 11.41.360;
(F) that is sex trafficking in the first degree under AS 11.66.110; or
(G) that is arson in the first degree under AS 11.46.400 or arson in the second degree under AS 11.46.410.
(i) Conspiracy is
(1) an unclassified felony if the object of the conspiracy is murder in the first degree;
(2) a class A felony if the object of the conspiracy is a crime punishable as an unclassified felony other than murder in the first degree;
(3) a class B felony if the object of the conspiracy is a crime punishable as a class A felony;
(4) a class C felony if the object of the conspiracy is a crime punishable as a class B felony.
(a) An offender commits the crime of conspiracy if, with the intent to promote or facilitate a serious felony offense, the offender agrees with one or more persons to engage in or cause the performance of that activity and the offender or one of the persons does an overt act in furtherance of the conspiracy.
(b) If an offender commits the crime of conspiracy and knows that a person with whom the offender conspires to commit a serious felony offense has conspired or will conspire with another person or persons to commit the same serious felony offense, the offender is guilty of conspiring with that other person or persons to commit that crime whether or not the offender knows their identities.
(c) In a prosecution under this section, it is a defense that the defendant was merely present at the time that two or more other persons agreed to engage in or cause the performance of a serious felony offense.
(d) In a prosecution under this section, it is not a defense that a person with whom the defendant conspires could not be guilty of the crime that is the object of the conspiracy because of
(1) lack of criminal responsibility or other legal incapacity or exemption;
(2) belonging to a class of persons who by definition are legally incapable in an individual capacity of committing the crime that is the object of the conspiracy;
(3) unawareness of the criminal nature of the conduct in question or of the criminal purpose of the defendant; or
(4) any other factor precluding the culpable mental state required for the commission of the crime.
(e) If the offense that the conspiracy is intended to promote or facilitate is actually committed, a defendant may not be convicted of conspiring to commit that offense with another person for whose conduct the defendant is not legally accountable under AS 11.16.120(b).
(f) In a prosecution under this section, it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, either (1) gave timely warning to law enforcement authorities; or (2) otherwise made proper effort that prevented the commission of the crime that was the object of the conspiracy. Renunciation by one conspirator does not affect the liability of another conspirator who does not join in the renunciation.
(g) Notwithstanding AS 22.10.030, venue in actions in which the crime of conspiracy is alleged to have been committed may not be based solely on the location of overt acts done in furtherance of the conspiracy.
(h) In this section,
(1) “overt act in furtherance of the conspiracy” means an act of such character that it manifests a purpose on the part of the actor that the object of the conspiracy be completed;
(2) “serious felony offense” means an offense
(A) against the person under AS 11.41, punishable as an unclassified or class A felony;
(B) involving controlled substances under AS 11.71, punishable as an unclassified, class A, or class B felony;
(C) that is criminal mischief in the first degree under AS 11.46.475;
(D) that is terroristic threatening in the first degree under AS 11.56.807;
(E) that is human trafficking in the first degree under AS 11.41.360;
(F) that is sex trafficking in the first degree under AS 11.66.110; or
(G) that is arson in the first degree under AS 11.46.400 or arson in the second degree under AS 11.46.410.
(i) Conspiracy is
(1) an unclassified felony if the object of the conspiracy is murder in the first degree;
(2) a class A felony if the object of the conspiracy is a crime punishable as an unclassified felony other than murder in the first degree;
(3) a class B felony if the object of the conspiracy is a crime punishable as a class A felony;
(4) a class C felony if the object of the conspiracy is a crime punishable as a class B felony.
Notes of Decisions
Cited in 11
cases, 1995–2018 · leading case: United States v. Luciano Pascacio-Rodriguez, 749 F.3d 353 (5th Cir. 2014).
United States v. Luciano Pascacio-Rodriguez, 749 F.3d 353 (5th Cir. 2014). “§ 16-4-8 (West 2013); Haw.Rev.Stat. § 705-520(2) (West 2013); Idaho Code Ann.”
Munson v. State, 123 P.3d 1042 (Alaska 2005). “AS 11.31.120. 4 . AS 11.41.110(a)(1), (2); AS 11.”
Sanders v. State, 364 P.3d 412 (Alaska 2015). “42 See AS 11.31.120 (conspiracy); 11.41.500 (robbery in the first degree).”
George v. State, 988 P.2d 1116 (Alaska Ct. App. 1999). “The state is certainly free to argue that the facts of the case do not warrant such a disposition. The sentence is REVERSED and REMANDED.”
United States v. Xochitl Garcia-Santana, 743 F.3d 666 (9th Cir. 2014). “5/8-2(a); Ind.Code § 35-41-5-2(b); Iowa Code § 706.”
Moore v. State, 895 P.2d 507 (Alaska Ct. App. 1995). “AS 11.31.120; AS 11.41.100(a)(1)(A); AS 11.”
Beatty v. State, 52 P.3d 752 (Alaska Ct. App. 2002). “We conclude that Judge Card did not err in refusing to instruct the jury on the lesser-included offense of attempted robbery in the first degree because the record *758 does not establish that some evidence supported a finding that this offense occurred.”
Brown v. State, 926 P.2d 1195 (Alaska Ct. App. 1996). “100(d)(1); conspiracy to commit murder in the first degree, AS 11.31.120(h)(1); kidnapping, AS 11.41.”
Osborne v. State, 421 P.3d 113 (Alaska Ct. App. 2018). “030(a)(1) (2013) and AS 11.31.120 (conspiracy to commit third-degree misconduct involving a controlled substance).”
United States v. Xochitl Garcia-Santana, 774 F.3d 528 (2014). “§ 705-520; Idaho Code Ann. § 18-1701 ; 720 Ill. Comp. Stat.”
Pfister v. State, 425 P.3d 183 (Alaska Ct. App. 2018). “500(b) ; AS 11.31.120(i)(3). 23 Former AS 12.55.125(d)(1) (2010 version).”
— Alaska Stat. § 11.31.120(a) — 1 case
George v. State, 988 P.2d 1116 (Alaska Ct. App. 1999). “The state is certainly free to argue that the facts of the case do not warrant such a disposition. The sentence is REVERSED and REMANDED.”
— Alaska Stat. § 11.31.120(a)(1) — 1 case
Beatty v. State, 52 P.3d 752 (Alaska Ct. App. 2002). “We conclude that Judge Card did not err in refusing to instruct the jury on the lesser-included offense of attempted robbery in the first degree because the record *758 does not establish that some evidence supported a finding that this offense occurred.”
— Alaska Stat. § 11.31.120(h)(1) — 1 case
Brown v. State, 926 P.2d 1195 (Alaska Ct. App. 1996). “100(d)(1); conspiracy to commit murder in the first degree, AS 11.31.120(h)(1); kidnapping, AS 11.41.”
— Alaska Stat. § 11.31.120(i)(3) — 1 case
Pfister v. State, 425 P.3d 183 (Alaska Ct. App. 2018). “500(b) ; AS 11.31.120(i)(3). 23 Former AS 12.55.125(d)(1) (2010 version).”
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